Williams v. Commissioner of Social Security
| 1:2020cv05991 |
| August 7, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
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The following documents for this case are available for you to view or download:
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Filing
52
CLERK'S JUDGMENT re: 51 Memorandum & Opinion in favor of Janice Williams against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Courts Order dated December 5, 2022, Plaintiff& #039;s motion to remand is GRANTED. The Commissioner's motion for judgment on the pleadings is DENIED. The case is REMANDED to the Commissioner for further proceedings consistent with this decision; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/5/2022) (Attachments: # 1 Appeal Package) (tp)
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Filing
51
OPINION & ORDER re: 22 MOTION for Judgment on the Pleadings . filed by Commissioner of Social Security, 38 MOTION to Remand . filed by Janice Williams. For the foregoing reasons, the Plaintiff's motion to remand is GRANTED. The Commissioner's motion for judgment on the pleadings is DENIED. The case is REMANDED to the Commissioner for further proceedings consistent with this decision. The Clerk of Court is directed to terminate the motions at ECF Nos. 22 and 38. Respectfully submitted. (Signed by Magistrate Judge Valerie Figueredo on 12/5/22) Copies to: All counsel (via ECF). (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing
43
ORDER: For the upcoming oral argument with respect to the Commissioner's Motion for Judgement on the Pleadings (ECF No. 22) and Plaintiff's Motion to Remand (ECF No. 38), scheduled for Friday, November 18, 2022 at 10:00 a.m., counsel for the parties should be prepared to specifically address, in addition to all other issues raised in the briefing, whether remand is appropriate in light of the new medical evidence. (Signed by Magistrate Judge Valerie Figueredo on 10/26/2022) (rro)
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Filing
13
ORDER: It is hereby ORDERED that the parties shall submit the form or letter by October 15, 2021, in accordance with the instructions in the September 23, 2021, Order. The Clerk of Court is respectfully directed to mail this order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 10/12/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
10
ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought under 42 U.S.C. § 405(g). Within 90 days of the date of t his order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. (As further set forth in this Order.) Electronic Certified Administrative Record due by 10/25/2021. (Signed by Judge Lorna G. Schofield on 7/26/2021) (cf)
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Filing
8
ORDER OF SERVICE: The Clerk of Court is respectfully directed to (1) serve Defendant the Commissioner of Social Security with the Amended Complaint (Dkt. No. 5) and this Order and (2) mail a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 3/29/2021) (cf) Transmission to Pro Se Assistants for processing.
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Filing
6
ORDER OF SERVICE: The Clerk of Court is respectfully directed to (1) serve Defendant the Commissioner of Social Security with the Amended Complaint (Dkt. No. 5) and this Order and (2) mail a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 2/8/2021) (cf) Transmission to Pro Se Assistants for processing.
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Filing
4
ORDER TO AMEND: ORDERED that because the nature and viability of Plaintiffs claims are not clear, the Court grants Plaintiff leave to amend her complaint to show that she exhausted administrative remedies with the SSA before filing this action in fed eral court, or to set forth facts showing that her failure to exhaust administrative remedies should be excused, consistent with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20 Civ. 5991. An Amended Social Security Complaint form is attached to this order. No summons will issue at thi s time. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstr ates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/07/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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